New India Assurance Co Ltd. v. Amit Mangalchand Jain ( Parekh ) And ANR

First Appeal No.1270/2009 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1270 OF 2009 New India Assurance Company Ltd., through its Divisional Office, Aurangabad, Mahesh Auto Compound, Adalat Road, Aurangabad ... APPELLANT

VERSUS

1) Amit s/o Mangalchand Jain (Parekh), Age 25 years, Occu. Business, R/o Betawad, Taluka Sindkheda, District Dhule 2) Kishor s/o Subhashchand Jain, Age Adult, Occu. Business R/o as above.

... RESPONDENTS .......

Shri S.G. Chapalgaonkar, Advocate for appellant Shri A.D. Pawar, Advocate for respondent No.1. shri M.G. Kocher, Advocate for respondent No.2. .......

CORAM :

R. G. AVACHAT, J.

DATE :

21st OCTOBER, 2021 PER COURT :

Heard. Perused the impugned award and the documents relied upon. It appears that, the offending vehicle had an insurance cover in the nature of private car package policy. The claimant was one of the occupants of the said vehicle. As such, the owner and the Insurance Company are

First Appeal No.1270/2009 :: 2 ::

liable to compensate him for the injuries suffered in the accident involving the very vehicle. Thus, no grounds, as have been averred in the appeal memo, do survive. 2.

In the result, the appeal fails. The same is dismissed. The amount deposited, if any, be paid to the respondent/ claimant along with interest accrued thereon immediately.

( R. G. AVACHAT ) JUDGE fmp/-